Draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 Draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment Etc.) (EU Exit) Regulations 2019

Debate between Martin Whitfield and Steve Brine

Tuesday 12th March 2019 General Committees

[Steve Brine]

I heard the statement in the House last night and I have read a little bit of it this morning, but I wanted to give every attention to the Committee, as the Opposition Whip will understand. I shall listen closely to the advice of the Attorney General, which I believe is imminent, and to any statements made in the House today.

The imports that I was referring to can contain contaminants, such as salmonella in sesame seeds and pesticide residues in peppers—and in lemons, believe it or not. Imports of those goods from specified countries are currently controlled by Commission regulation 669/2009. Notification about those products must be given in advance of their arrival and they must be subject to official controls ranging from documentary checks to identity and physical examinations, including sampling. To give another example, if I may, Commission regulation 884/2014 lays down controls governing the import of nuts, nut products and some spices from listed countries. Examples of listed countries could be India—I cannot read my own writing—Indonesia or Ethiopia. There is a full list. It is important that these controls and the others listed in the instruments function properly once we leave the EU.

Fundamentally, the amendments specified in these instruments address technical deficiencies in key pieces of European legislation with application to the entire UK and three pieces of domestic legislation that apply in England only. The amendments have been bundled together because they all address law designed to ensure the effectiveness and standards of our official controls system, including for food and feed imports.

Hon. Members will notice that the instruments concern the protection not just of public health, but of animal health and welfare. In particular, the draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment etc.) (EU Exit) Regulations 2019 have been jointly prepared by officials from the Food Standards Agency and DEFRA. However, it was agreed that ultimate responsibility for the instruments would lie with the FSA.

The instruments are intended solely to address inoperabilities in domestic legislation and retained EU law. However, as a result of the way the law is constructed, that results in some changes to the way our legal framework for official controls would work. As some of the amendments address retained EU law, it was necessary to remove references to EU terminology, such as “member states”—that is perfectly logical—and to systems such as the European reference laboratories network. Ultimately, UK competent authorities will no longer participate in European programmes regarding official controls, such as the European Commission’s international audit body, SANTE. That fact is addressed by the amendments and DEFRA is preparing a domestic audit body of its own.

Furthermore, the powers that are currently provided to the European Commission to make legislation are either repatriated to the appropriate UK authority, amended to become administrative functions or removed altogether as a result of their inapplicability—[Interruption.] Yes, exactly—inapplicability. It is my age. I was going to say “as a result of their inapplicability in a UK-only context”. We will edit that bit out. Powers have been transferred strictly where necessary for the UK to maintain a controls system responsive to emerging risks to public health and animal health and welfare.

That is particularly the case in the area of import controls. Although the existing rules governing official controls do not create detailed rules for the performance of controls on imported food and feed, they do set standards and powers for competent authorities controlling trade in such goods. In practice, in the short term this will only mean an increase in the need for more controls on high-risk food and feed, such as the sesame seeds contaminated with salmonella that I referred to earlier, entering the UK from third countries via the European Union. EU regulation 669/2009, which I mentioned, contains the list of those countries, and I can give some examples if hon. Members are interested.

[Martin Whitfield (East Lothian) (Lab)]

I want to pose a question about the principles for goods that have been placed on our market before departure day and the same goods returning post departure day. Where in the two statutory instruments that are before us is the confirmation that the essential make-up has to stay the same to be recognised post departure, and how will we ensure that that takes place as we remove ourselves from the European Union structures?

[Steve Brine]

I can expand on this in my response, but the point is that all we are doing here is transposing the very strict and world-class enforcement rules that operate at the moment for us as a member state. Anything that is within the chain at that time will be exactly in line with everything we have signed up to as a member state. Because we are talking about complete convergence in the immediate future after exit, I have no concern about that. I have asked officials about it.

Any checking to ensure that there is no divergence will be the responsibility of the agencies I have listed— the Food Standards Agency, Food Standards Scotland and local authorities. The regulations do not make any changes to that, and anything that came on to the market—whether into this country, into this country to go into the European Union, or into the European Union to enter this country—would be subject to all the same rules that it currently is. I think hon. Members should have confidence, as I do, that this is a continuation or a bridge between our membership and, hopefully, our transition period.

I will touch on the impact on local and public authorities, which I know there was some interest in last week. As the primary purpose of the existing legislation is to ensure the effective enforcement of food and feed law by competent authorities in EU member states, the amendments will be of interest to public bodies responsible for delivering those controls in the UK, such as local authorities and port health authorities. As I mentioned, there will be some impact on the way that certain high-risk food and feed is controlled when entering the UK as a result of our leaving the European Union. However, for authorities delivering official controls in the UK, the primary impact of the instruments will be familiarisation costs.

With regard to the point that the hon. Member for East Lothian alluded to, it is not foreseen that the day-to-day delivery of official controls, which are performed predominantly by local authorities, will be otherwise impacted by these changes. The UK will maintain its world-class operational standards in this area, regardless of the way in which we leave the EU. I have been crystal clear on that for all the SIs I have dealt with in this space, such as when I spoke to the EU Energy and Environment Sub-Committee in the Lords last week.

Public authorities will be impacted by the effects of leaving the framework for the performance of official controls created by this legislation. For example, we will no longer be legally bound to provide administrative assistance to other European countries upon request. That does not mean that co-operation with other countries’ enforcement agencies will cease—I stress that important point. We are developing new ways of working with our international delivery partners to ensure that we can continue to tackle complex international food safety incidents once we leave the European Union. It is important to note that the European Food Safety Authority grew out of the Food Standards Agency; in many ways, we were the rock upon which the EU built its church, not the other way around. Despite all the legal changes that will take place when we leave the European Union, the relationship changes will be minimal or non-existent, and our relationships are absolutely first class. I stress that point regularly, such as when I spoke to the FSA chair last week.

On the impact on industry, businesses will be interested in the amendments to the rules concerning charging for official controls. Official controls legislation creates minimum charges for the performance of official controls on the domestic production and import of certain imported food and feed. Amendments in this area centre on the use of Her Majesty’s Treasury and the Department for Exiting the European Union’s recommended conversion rate for references to euros in retained EU law. In practice, that will have minimal impact on businesses: the Food Standards Agency has a methodology for calculating the charges levied on businesses slaughtering and cutting meat that is not affected by the changes to the minimum rate set out in this legislation. Equally, DEFRA’s approach to controls on imports of EU-derived products of animal origin means that no new chargeable import controls are projected. As with public authorities, there may be one-off familiarisation costs. All told, we do not anticipate a great financial or administrative impact on businesses as a result of the technical nature of the amendments.

Food and feed safety, as well as animal health and welfare, are devolved policy areas. As such, the instruments have been drafted to reflect the distribution of responsibility for delivery of official controls in the UK. In some instances, that means powers flowing back from Brussels to the appropriate UK authorities, which include Ministers in Scotland and Wales and the relevant Departments in Northern Ireland. The devolved Administrations have provided their consent to these instruments, and officials from all parts of the UK have been working together well and constructively in this field. I place on record my thanks to them.

As with previous SIs, we have respected the full flow-through of powers; in fact, if the devolved Governments decide that they want to diverge in their treatment of high-risk imports, they will have increased devolved powers with which to do so. I would not expect too much divergence to take place within the UK, because with all the disruption that leaving the EU will inevitably bring, given the 40-odd years of culture involved, the last thing we want to do is create disruption and internal market issues within the UK. That would not be in the interests of Scotland, Wales or Northern Ireland any more than it would be in England’s interests.

The amendments only go as far as necessary to ensure that we have a fully functioning UK statute book; indeed, the legislation only allows us to go as far as necessary to ensure that our statute book equips our authorities with the necessary powers to continue to protect public and animal health after exit day. The successful resolution of the instruments is necessary to ensure that we can maintain the high standard of food and feed safety, biosecurity and consumer protection that is offered by this country’s excellent enforcement agencies and competent authorities. I place on the record my thanks for the hard work that those organisations have done and will do in preparation for exit day. I urge hon. Members to agree to the amendments that are proposed in the instruments, and I commend the regulations to the Committee.

Draft Nutrition (Amendment etc.) (EU Exit) Regulations 2019

Debate between Martin Whitfield and Steve Brine

Thursday 28th February 2019 General Committees

[Steve Brine]

I will come on to directly address the hon. Gentleman’s point about the replacement for the European Food Safety Authority; I thank him for raising that point. I mentioned foods for young children, which obviously addresses the other point that he made.

The instrument deals with an important area of legislation. Many thriving businesses operate in this space and employ many of our citizens. I reassure those citizens that our overarching aim is that businesses and other interested stakeholders seeking to submit applications, scientific dossiers, relevant files or notifications currently governed by the nutrition legislation amended by this instrument are not burdened with additional regulations or significant changes to the processes. Overall, our policy intention is to mirror the existing regulatory system and processes already in place as closely as possible, and the SI makes all the provisions necessary to do exactly that.

The amendments made by these regulations are primarily technical in nature. They include changing EU-specific references to ensure that they are effective in the UK after EU exit day, and transferring legislative functions from the European Commission to the appropriate UK authority. The amendments also ensure that all relevant EU lists, registers and annexes apply effectively from exit day, enabling continuity for businesses and maintaining the high standards already in place at EU level. Following exit day, any changes made at EU level will not apply in the UK, because clearly we will then be a third country.

One important change made by the SI is the transfer of functions from the European Food Safety Authority, which has already been referred to, to an appropriate expert committee in the UK. For nutrition and health claims, a new UK nutrition and health claims committee would assume responsibility for providing scientific advice to the four UK Administrations on any new claims made about products marketed within the UK’s borders. That committee would operate in a similar way and to similar timescales as the current EFSA process, providing further continuity to business. I am pleased to confirm to the Committee that the process for recruiting specialist members is well under way: high-calibre applications were received, interviews took place earlier this month, and the committee is ready to come into effect if required. We will announce its members shortly.

Regarding the devolved Administrations, the SI allows for the relevant Commission powers to be transferred to the Secretary of State here in England, Scottish Ministers, Welsh Ministers and, in Northern Ireland, the Department of Health in Stormont, thereby making provision for each of the Administrations to make their own legislation. In addition, if consent is provided by the devolved Administrations, the SI gives the Secretary of State the power to make legislation for the whole of the UK where that is appropriate and agreed to.

The devolved Administrations have been involved with the drafting of the regulations at every stage. I want to state on record that I am grateful for their continued collaborative approach in this area, helping to make sure that this policy continues to operate at the same high standards after our exit from the EU as it does now, as expected by Members of this House, by me and, most importantly, by the British public.

[Martin Whitfield (East Lothian) (Lab)]

The regulations specifically require the consent of the devolved authorities for the regulations to be made across the UK by the Secretary of State. As MP for East Lothian, may I welcome that explicit statement, which is perhaps lacking in some other instruments?

[Steve Brine]

Yes, you may.

Energy Drink Sales to Children

Debate between Martin Whitfield and Steve Brine

Tuesday 17th April 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Health (Steve Brine)]

All good things come to those who wait. After the delay, here we are.

It is a pleasure to serve under your chairmanship again, Mr Hollobone. I congratulate the hon. Member for Redcar (Anna Turley) on securing the debate. I know that there are competing pressures on Members’ time today, but I am surprised that there are not more here for this debate on a big, emerging issue that is gathering momentum. My ministerial colleagues and I have been asked about it at Health questions previously—perhaps that is what the hon. Lady was referring to. I thank her for introducing the debate and for setting out the case very clearly.

We all agree that the regular consumption of energy drinks by children is not appropriate at all. I say that as one who has young children. That applies especially to those under 16, as energy drinks often contain a lot of caffeine and sugar—I will talk about both. They are often coupled with other sources of caffeine and sugar in children’s diets. Too much of a good thing, or too much of a bad thing in this case, can lead to difficulties sleeping and headaches—I have heard stories about that—and there is obviously an effect in terms of tooth decay and weight gain. In addition to the health and wellbeing impacts of the risk to children of consuming large volumes of energy drinks, there is anecdotal evidence, notably from schools, that their consumption has a very negative impact on children’s behaviour and, in turn, their learning. The hon. Lady gave an example from her constituency, and I have heard about countless cases as a constituency MP and through the media. It is right that we are having this debate and that we continue to examine the issue of the consumption of energy drinks by children, but this is not just about children; adults should also look at the small print on such drinks, because too much is not good for anybody.

The hon. Lady gave some figures, and I will give some of my own. A 250 ml can of an energy drink usually contains about 80 mg of caffeine, which is similar to two or three cans of cola, a mug of instant coffee or, as the hon. Lady said, an espresso. Some of the smaller energy “shot” products contain twice as much caffeine.

EU food information regulations require specific labelling for high-caffeine drinks and foods where caffeine has been added for a psychological effect. Such labelling helps consumers to identify foods with a high caffeine content where they may not expect to find it. The British Soft Drinks Association’s code of practice states that high-caffeine soft drinks should not be marketed, advertised or promoted to children under 16. It is right about that, of course. Amid growing public concern, and in line with that voluntary industry code, we have recently seen major supermarkets banning the sale of such products to under-16s. When companies do the right thing, I always think it is worth putting that on the record. Asda, Aldi, Co-op Food, Lidl, Morrisons, Tesco, Sainsbury’s and Waitrose have all voluntarily decided to ban the sale of these products to under-16s and they deserve credit for that action.

It is important that the Government remain open-minded and continue to look at any new evidence that emerges. I promise the House that we certainly are and we certainly will. The European Food Safety Authority published an opinion on the safety of caffeine less than two years ago, in May 2015. It derived safe daily intakes for adults and children and concluded that, when consumed at those intake levels, caffeine raises no serious concerns for the general healthy population, but based on current evidence on caffeine safety, the Food Standards Agency, for which I have ministerial responsibility, advises that children or other people sensitive to caffeine should consume caffeine only in moderation. That advice has remained unchanged up to this point. The hon. Lady may be aware that in March, the Science and Technology Committee launched an inquiry into the consumption of energy drinks. We welcome the inquiry very much and we recently submitted our evidence on behalf of the Government—I know she will look for that.

In the light of renewed, obvious and justified public concern, recently the Food Standards Agency has undertaken a literature review to identify if any new robust scientific studies have been conducted since the 2015 EFSA review that I mentioned. On 20 March, the results of the review and the information provided by the #notforchildren campaign were presented to the UK’s committee on toxicity of chemicals in food, consumer products and the environment, for consideration. In particular, the committee is now considering whether a review of caffeine consumption in children and adolescents is required to ascertain whether the studies published since the EFSA opinion add significantly to the body of evidence.

Retailers have acted to restrict the consumption of energy drinks. I am pleased to note that alongside all the supermarkets that I mentioned, other prominent retailers such as WHSmith and Boots, which have a significant high street presence in my constituency and, I am sure, in the hon. Lady’s, have also voluntarily acted to restrict their sales to under-16s. She mentioned this but it is worth repeating that many small retailers, which may be seen as the villain in the piece—I do not think that the facts bear that out—restrict the sales of energy drinks to children. I understand that around half the Association of Convenience Stores’ nearly 50,000 shops have implemented a voluntary ban on the sale of energy drinks to under-16s. Good for them and thanks to them.

In schools, which were mentioned by the hon. Member for East Lothian (Martin Whitfield) and the hon. Member for Redcar, energy drinks are not permitted within the school food standards. Schools have the power to confiscate, retain or dispose of any item that is banned by the school rules, which can include energy drinks. Some schools already do that. I was very interested to hear about fizz-free February—I will google it later and see where it takes me.

The school food standards came into force in January 2015. They define the food and drinks that must be provided, those that are restricted and those that must not be provided. They apply to all food and drink provided to pupils on and off school premises. I am due to see the Schools Minister shortly about another matter, but I will discuss this issue with him and I thank the hon. Lady for raising it.

[Martin Whitfield]

Does the Minister have any comments about the advertising of high-energy drinks through computer games and on social media?

[Steve Brine]

That is an emerging policy area that I am taking very close interest in, as the Public Health Minister and someone with an interest in the public health and child obesity agendas. In the same way that the major retailers that I put on the record have shown what I suggest is a great deal of corporate responsibility, I suggest that the producers of these drinks might also take a long, hard look and consider their social and moral responsibility, so that they can stay within the spirit of the guidelines.

Hormone Pregnancy Tests

Debate between Martin Whitfield and Steve Brine

Thursday 16th November 2017 Commons Chamber

[Steve Brine]

All I can say is that, right on cue, the Leader of the House has arrived and is sitting right next to me, and I suspect that she has heard my hon. Friend’s request.

[Martin Whitfield (East Lothian) (Lab)]

Is the Minister aware of the study in 1979 from Primodos that concluded that the visceral malformations should be considered to be drug-related? The manufacturer seems to have made a link that does not appear to have been dealt with in the report. Does he acknowledge that serious concern is being expressed on both sides of the House about the transparency of this report and that it behoves us all to try to make it transparent and understandable and, above all, to get to the correct answer?

[Steve Brine]

Yes, of course we all want to get to the correct answers. Science and clinical practice have moved on significantly since the 1970s. As the hon. Gentleman knows, there have been far-reaching advances in the regulation of medicines. One of the reasons that the report has been delayed is that it was felt that it needed to contain far more human-speak, rather than official-speak. That is why I said that Ministers now had confidence in the report and the review process and that we are now going to focus on implementing the report’s recommendations.